Common use of Summary Dismissal Clause in Contracts

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company shall have the right to dismiss any employee without notice for serious misconduct, which justifies instant dismissal which may include but is not limited to, refusal of duty or failure to obey the company's policies and procedures, the OH&S Act and associated regulations in which case the employee shall be paid up to the time of dismissal only.

Appears in 2 contracts

Samples: Civilbuild Collective Agreement, Civil Sydney Collective Agreement

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Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 9.1 (a) the company shall have the right to dismiss any employee without notice for serious conduct that justifies instant dismissal, including malingering, misconduct, which justifies instant dismissal which may include but is not limited to, refusal or blatant neglect of duty or failure to obey and in such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 2 contracts

Samples: Enterprise Agreement, www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the The company shall have retain the right to dismiss any employee without notice for serious misconduct, which misconduct that justifies instant dismissal which may include but is not limited todismissal, refusal including malingering, inefficiency or neglect of duty or failure to obey and in such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 2 contracts

Samples: Workplace Agreement, www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company The Company shall have the right to dismiss any an employee without notice for serious misconduct, which conduct that justifies instant dismissal which dismissal, including theft, violence and being under the influence of alcohol, any prohibited drug or any drug that may include but is not limited to, refusal of duty or failure to obey affect driving ability while at work. In such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 2 contracts

Samples: Collective Agreement, www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company The Company shall have the right to dismiss any employee without notice for serious misconductconduct that justifies summary (instant) dismissal, which justifies instant dismissal which may include but is not limited toincluding malingering, refusal inefficiency, neglect of duty duty, theft or failure to obey misconduct and in such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wage shall be paid up to the time of dismissal only.

Appears in 2 contracts

Samples: Maintenance Agreement, Copy of Agreement

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 sub-clause 14.1.1 of this Clause, the company Company shall have the right to dismiss any employee employee, without notice notice, for serious misconduct, which justifies instant dismissal which may include but is not limited tomalingering, refusal inefficiency, or neglect of duty or failure to obey the company's policies and procedures, the OH&S Act and associated regulations in which case the employee for serious breach of any site rules or regulations. In such cases wages shall be paid up to the time of dismissal only.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 clause 15.1.1 the company Company shall have the right to dismiss any employee without notice for serious misconduct, which conduct that justifies instant summary dismissal which may include but is not limited to, refusal of duty or failure to obey and in such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 10.1 (a) the company shall have the right to dismiss any employee without notice for serious conduct that justifies instant dismissal, including malingering, misconduct, which justifies instant dismissal which may include but is not limited to, refusal or blatant neglect of duty or failure to obey and in such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of sub-clauses 2.4 2.3 and 2.5 2.4, the company organisation shall have the right to dismiss any employee without notice for serious misconduct, misconduct which justifies instant dismissal which may include but is not limited todismissal, refusal of duty or failure to obey the company's policies (see clause 7.2 Disciplinary Policy and proceduresProcedures), the OH&S Act and associated regulations in which case the employee shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: Enterprise Agreement

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company The Company shall have the right to dismiss any employee an Employee (without notice or payment in lieu of notice), for serious misconduct, which justifies instant dismissal which may include but is not limited to, refusal of duty or failure to obey misconduct as defined in the company's policies and procedures, the OH&S Act and associated regulations in which case the employee shall be paid up to the time of dismissal onlyFair Work Regulations 2009 (Cth).

Appears in 1 contract

Samples: Enterprise Agreement

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company shall sub clause 11.1 above RDDT will have the right to dismiss any employee without notice for serious misconduct, conduct which justifies instant dismissal which may include but is not limited todismissal, refusal including malingering, inefficiency or neglect of duty or failure to obey and in such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee shall wages will be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company shall have 27.1.1 The Company has the right to dismiss any employee without notice for serious misconduct, which justifies instant dismissal which may include but is not limited to, refusal of duty or failure misconduct and in such cases any entitlements under this agreement are to obey the company's policies and procedures, the OH&S Act and associated regulations in which case the employee shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www.fwc.gov.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 sub-clause 14.1.1 of this Clause, the company Company shall have the right to dismiss any employee employee, without notice notice, for serious misconduct, which justifies instant dismissal which may include but is not limited tomalingering, refusal inefficiency, or neglect of duty or failure to obey the company's policies and procedures, the OH&S Act and associated regulations in which case the employee for serious breach of any site rules or regulations. In such cases wages shall be paid up to the time of dismissal only. Provided that nothing in this sub clause will weaken the provisions of Part 3-2 Unfair Dismissal of the Fair Work Act 2009.

Appears in 1 contract

Samples: Enterprise Agreement

Summary Dismissal. Notwithstanding the provisions provision of clauses 2.4 and 2.5 13.1.1 hereof the company employer shall have the right to dismiss any employee without notice for serious misconduct, conduct that justifies summary dismissal as provided by the Workplace Relations Act 1996 which justifies instant dismissal which may include but is not limited toto but includes neglect of duty, refusal assault upon a client, visitor or fellow employee, proven instances of duty theft and acts of wilful disobedience of a lawful and reasonable instruction from the employer (or failure to obey delegate). In such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wage shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company shall have 8.4.1 The Company has the right to dismiss any an employee without notice for if the employee is guilty of serious misconduct, which justifies instant dismissal which may include but is not limited toand in such case, refusal of duty or failure to obey the company's policies wages and procedures, the OH&S Act and associated regulations in which case the employee other accrued entitlements shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: Central Agreement

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company shall have The Company retains the right to dismiss any employee without notice for serious conduct that justifies instant dismissal, including malingering, misconduct, which justifies instant dismissal which may include but is not limited to, refusal inefficiency or neglect of duty or failure to obey the company's policies and procedures, the OH&S Act and associated regulations in which case the employee duty. The wages paid shall be paid up to the time of dismissal onlyonly for cases of summary dismissal.

Appears in 1 contract

Samples: www.fwc.gov.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 7.1 the company shall have the right to dismiss any employee without notice for serious misconduct, which conduct that justifies instant dismissal which may include but is not limited todismissal, refusal including malingering, physical violence, drunkenness, inefficiency or neglect of duty or failure to obey and in such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: Formalities of Agreement

Summary Dismissal. Notwithstanding the provisions period of clauses 2.4 and 2.5 notice, the company shall have the right to dismiss any employee without notice for serious misconduct, which conduct that justifies instant dismissal which may include but is not limited todismissal, refusal including malingering, inefficiency or neglect of duty or failure to obey and in such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: Technical Services Operation Employees Enterprise Agreement

Summary Dismissal. Notwithstanding the provisions of Sub-clauses 2.3 and 2.4 and 2.5 the company Company shall have the right to dismiss any employee without notice for serious misconduct, which justifies instant dismissal which may include but is not limited to, refusal of duty or failure to obey the company's policies and procedures, the OH&S Act and associated regulations in which case the employee shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 paragraph 12.1.1 the company Company shall have the right to dismiss any employee without notice for serious misconductconduct that justifies summary dismissal, which justifies instant dismissal which may include but is not limited toincluding malingering, refusal inefficiency, neglect of duty or failure to obey serious misconduct and in such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www.fwc.gov.au

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Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 clause 30.1.1 hereof, the company Company shall have the right to dismiss any employee without notice for serious misconductconduct that justifies dismissal, which justifies instant dismissal which may include but is not limited toincluding malingering, refusal inefficiency or neglect of duty or failure to obey and in such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www.fwc.gov.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company shall have the right to dismiss any employee without notice for serious misconductmisconduct or serious negligence, which justifies instant dismissal which may include but is not limited to, refusal of duty or failure to obey the company's ’s policies and procedures, the OH&S Act and associated regulations in which case the employee shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: Enterprise Agreement

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 Clause 11.1.1, the company Company shall have the right to dismiss any employee without notice for serious misconduct, which misconduct that justifies instant dismissal which may include but is not limited toincluding malingering, refusal inefficiency or neglect of duty duty, serious or failure to obey repeated breaches of safety rules/regulations, fighting, theft and sabotage. In such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company The Company shall have the right to dismiss any employee an Employee without notice for serious misconduct, which conduct that justifies instant dismissal which may include but is not limited todismissal, refusal including malingering or neglect of duty (including disregard of safety policies or failure to obey statutory obligations in respect of occupational health and safety) and in such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of clauses subclauses 2.3 and 2.4 and 2.5 the company shall have the right to dismiss any employee without notice for serious misconduct, which justifies justifys instant dismissal which may include but is not limited toincluding, refusal of duty or failure to obey the company's policies and procedures, the OH&S Act and associated regulations in which case the employee shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: Enterprise Agreement

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 Clause 11.1.1, the company Company shall have the right to dismiss any employee without notice for serious misconduct, which misconduct that justifies instant dismissal which may include but is not limited toincluding malingering, refusal of duty inefficiency or failure to obey rules/ regulations, fighting, theft, drug or alcohol use at work and sabotage. In such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 paragraph (d)(i)(1) above hereof, the company shall have Company has the right to dismiss any employee without notice for serious misconduct, which justifies instant dismissal which may include but is not limited to, refusal of duty or failure to obey the company's policies and procedures, the OH&S Act and associated regulations in which case the employee shall . In such cases payment will be paid made up to the time of dismissal onlyonly and include accumulated entitlements.

Appears in 1 contract

Samples: www8.austlii.edu.au

Summary Dismissal. 3.7.1 Notwithstanding the provisions of clauses 2.4 and 2.5 sub-paragraph 3.4.1 the company Company shall have the right to dismiss any employee without notice for serious misconduct, which conduct that justifies instant dismissal which may include but is not limited toincluding malingering, refusal inefficiency, neglect of duty duty, threats to OH&S issues particularly through drug abuse, misconduct or failure conduct prejudicial to obey the company's policies food safety and procedures, the OH&S Act and associated regulations in which such case the employee wages shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: Mortlake Employment Service

Summary Dismissal. Notwithstanding Pursuant to clause 16 the provisions of clauses 2.4 and 2.5 the company shall have Company has the right to dismiss any employee Employee without notice for serious misconduct, which justifies instant dismissal which may include but is not limited to, refusal of duty or failure Serious Misconduct and in such cases any entitlements under this Agreement are to obey the company's policies and procedures, the OH&S Act and associated regulations in which case the employee shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www.monashcollege.edu.au

Summary Dismissal. Notwithstanding Despite any other term in this Agreement, the provisions of clauses 2.4 and 2.5 the company shall have Company has the right to dismiss any employee without notice for serious misconduct, which justifies instant dismissal which may include but is not limited to, refusal of duty or failure misconduct and in such cases any entitlements under this Agreement are to obey the company's policies and procedures, the OH&S Act and associated regulations in which case the employee shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: Operations and Maintenance Agreement

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company shall have The Company has the right to dismiss any employee Employee without notice for serious misconduct, which misconduct and in such cases any entitlements under this Agreement are to be paid up to the time of dismissal only. The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal which may include but is not limited todismissal, refusal including serious misconduct or gross neglect of duty or failure to obey the company's policies and proceduresEmployee’s duties, the OH&S Act and associated regulations (in which case the employee wages shall be paid up to the time of dismissal only).

Appears in 1 contract

Samples: www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 in subclause 13.1 hereof the company employer shall have the right to dismiss any employee without notice for serious misconduct, which conduct that justifies instant dismissal which may include but is not limited to, refusal including inefficiency or neglect of duty or failure to obey and absence from work without reasonable cause and in such cases the company's policies and procedures, the OH&S Act and associated regulations in which case the employee wages shall be paid up to the time of dismissal only.

Appears in 1 contract

Samples: www8.austlii.edu.au

Summary Dismissal. Notwithstanding the provisions of clauses 2.4 and 2.5 the company shall have The Company has the right to dismiss any employee Employee without notice for serious misconductmisconduct and in such cases any entitlements under this Agreement are to be paid up to the time of dismissal only. The period of notice in this clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, which justifies instant dismissal which may include includes but is not limited to; safety breaches, refusal malingering, inefficiency or neglect of duty or failure to obey the company's policies duty, theft and procedures, the OH&S Act and associated regulations fighting (in which case the employee wages shall be paid up to the time of dismissal only).

Appears in 1 contract

Samples: Enterprise Agreement

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